Regents of the University of California (Physicians National Housestaff Association) (PERB 0283HA)

STATE 	OF 	CALIFORNIA
DECISION 	OF 	THE
PUBLIC 	EMPLOYMENT 	RELATIONS 	BOARD
PHYSICIANS 	NATIONAL 	HOUSESTAFF
ASSOCIATION,
Charging 	Party,
v.
THE 	REGENTS 	OF 	THE 	UNIVERSITY
OF 	CALIFORNIA,
Respondent.
Case No. 	SF-CE-1-H
ON 	REMAND 	FROM 	THE
SUPREME 	COURT 	OF 	THE
STATE 	OF 	CALIFORNIA
PERB 	Decision 	No. 	283a-H
June 4, 	1986	CALIFORNIA 	ASSOCIATION 	OF
INTERNS AND RESIDENTS,
Real 	Party 	in 	Interest.
Appearances: 	Claudia Cate, 	Attorney 	for 	The Regents 	of 	the
University of California; 	Beeson, 	Tayer 	& 	Silbert 	by Franklin
Silver 	for 	California Association 	of 	Interns 	and 	Residents.
Before Hesse, 	Chairperson; 	Morgenstern and Craib, 	Members.
DECISION
MORGENSTERN, 	Member: 	This 	case 	is 	before 	the 	Public
Employment 	Relations 	Board 	(PERB 	or 	Board) 	on 	remand 	from 	the
Supreme Court of California. 	In PERB Decision No. 	283-H 	(1983),
the 	Board 	found 	that 	housestaff1 at 	University 	of 	California
(University) 	affiliated 	hospitals 	are 	employees 	within 	the
1"Housestaff" 	is 	a 	term used 	to 	describe 	medical 	interns,
residents 	and 	clinical 	fellows. 	However, 	the 	status 	of 	certain
clinical 	fellows 	was 	not 	at 	issue 	(see 	PERB Decision 	No. 	283-H,
footnote 3 at p. 3.).
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meaning 	of 	section 	3562(f) 	of 	the 	Higher 	Education
Employer-Employee 	Relations 	Act 	(HEERA 	or 	Act.2 Therefore,
the 	University's 	refusal, 	effective August 	1, 	1979, 	to continue
making 	authorized 	payroll 	dues 	deductions 	on 	behalf 	of 	the
Physicians 	National 	Housestaff 	Association 	(PNHA) 	violated
HEERA 	section 	3571(a) 	and 	(b).3 The 	Supreme 	Court 	affirmed
the 	Board's 	decision,4 but 	remanded 	to 	the 	Board 	for
reconsideration 	of 	the 	remedy 	in 	light 	of 	the 	defunct 	status 	of
PNHA.
When 	PNHA 	became 	defunct, 	the 	local 	housestaff
organizations 	which 	had 	been 	affiliated 	with 	PNHA5 continued
in 	existence 	for 	the 	purpose 	of 	representing 	University
housestaff. 	The 	local 	organizations 	later 	formed 	a 	new
umbrella 	organization, 	the 	California 	Association 	of 	Interns
and Residents 	(CAIR). 	While 	the 	case was 	pending 	before 	the
2HEERA 	is 	codified 	at 	Government 	Code 	section 	3560 	et
seq. 	Unless 	otherwise 	indicated, 	all 	statutory 	references
herein 	are 	to 	the 	Government 	Code.
These 	provisions, 	inter 	alia, 	make 	it 	unlawful 	for 	a
higher 	education 	employer 	to 	interfere 	with 	or 	deny 	employees
or 	employee 	organizations 	rights 	guaranteed 	by 	the 	Act.
Section 	3585 	of 	the Act 	requires 	employers, 	upon written
authorization 	by an 	employee, 	to 	deduct 	and 	remit 	periodic 	dues
(in 	the 	absence 	of 	an 	exclusive 	representative) 	to 	the 	employee
organization 	of 	the 	employee's 	choice.
4Case 	No. 	S.F. 	24803 	(April 	3, 	1986) 	Cal. 	3d 	.
5These 	organizations 	are: 	the 	Davis Association 	of
Interns 	and Residents 	(DAIR); 	the 	Irvine Housestaff Association
(IHA); 	and 	the 	San Francisco 	Interns 	and Residents Association
(SFIRA).
N	2

Supreme 	Court, 	CAIR moved 	for 	an 	order 	substituting 	it 	as 	the
real 	party 	in 	interest 	in place 	of 	PNHA, 	on 	the 	ground 	that
CAIR 	is 	PNHA's 	successor 	in 	interest. 	The 	University 	did 	not
oppose 	the motion, 	and 	it was 	granted by 	the 	Court.
By 	letter 	dated May 20, 	1986, 	the 	Board 	received a
stipulated 	suggested 	revised 	order 	from 	CAIR 	and 	the
University. 	This 	suggested 	order 	essentially mirrors 	the
Board's 	original 	order 	in Decision No. 	283-H, 	with 	two
exceptions: 	(1) 	the three local organizations, 	DAIR, 	IHA and
SFIRA, 	are 	substituted 	for PNHA; 	and 	(2) 	the period of 	lost
payroll 	dues 	deductions 	is 	limited 	to August 	1, 	1979 	to
September 	1, 	1979. 	The original 	order 	specified August 	1, 	1979
as 	the 	date 	the 	University 	unlawfully 	terminated 	payroll 	dues
deductions, 	but 	did 	not 	specify 	an 	ending 	date 	for 	liability.
However, 	as 	the parties 	noted 	in 	their 	May 20, 	1986 	letter 	to
the 	Board, 	and as 	the 	record 	reveals, 	pursuant 	to an 	interim
settlement agreement 	effective 	September 	1, 	1979, 	the
University 	reinstituted 	payroll 	dues 	deductions 	and 	remitted
them 	to 	the 	local 	housestaff 	organizations.
Upon 	review 	of 	the 	entire 	record 	in 	this 	case, 	and 	pursuant
to 	the 	instructions 	of 	the 	Supreme Court 	of 	California, 	we 	find
that 	the 	revised 	order 	suggested 	by 	the 	parties 	fairly 	and
reasonably 	resolves 	the 	remedial 	issues 	raised 	by 	the 	defunct
status 	of 	the original 	charging party, 	PNHA. 	We, 	therefore,
adopt 	the 	suggested 	revised 	order 	with 	some 	minor,
nonsubstantive 	changes.
w	
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ORDER
It 	is 	hereby ORDERED 	that 	the 	University 	and 	its
representatives 	shall:
A. 	CEASE 	AND 	DESIST 	FROM:
Refusing 	to make 	payroll 	dues 	deductions 	for 	the 	housestaff
in 	the 	University's 	post-graduate 	medical 	training 	programs 	at
the medical 	schools 	at 	Irvine, 	San Francisco, 	and Davis 	on
behalf 	of 	the 	Irvine Housestaff Association 	(IHA), 	the 	San
Francisco 	Interns 	and Residents Association 	(SFIRA), 	and 	the
Davis 	Association 	of 	Interns 	and Residents 	(DAIR) 	in 	violation
of 	section 	3571(a) 	and 	(b) 	of 	the Higher 	Education
Employer-Employee 	Relations 	Act.
B. 	TAKE 	THE 	FOLLOWING 	AFFIRMATIVE ACTIONS 	DESIGNED 	TO
EFFECTUATE 	THE 	POLICIES 	OF 	THE ACT:
1. 	The University shall 	reimburse 	the 	IHA, 	SFIRA, 	and 	DAIR
for 	the 	dues 	they 	actually 	lost 	when 	the 	University 	terminated
authorized 	payroll 	dues 	deductions 	for 	their 	members 	for 	a
one-month 	period 	beginning August 	1, 	1979. 	Specifically, 	the
University 	shall 	be 	liable 	for 	the 	dues 	of 	those 	members 	who
remained 	employees 	of 	the 	University 	for 	that 	one-month 	period
and 	whose 	dues 	the 	Associations 	did 	not 	collect 	through 	other
means.
2. 	Within 	five 	(5) 	days 	following 	the 	date 	this 	Decision
is 	no 	longer 	subject 	to 	reconsideration, 	post at 	all work
locations 	where 	notices 	to 	housestaff 	customarily 	are 	placed,
copies 	of 	the 	Notice 	attached as 	an Appendix 	hereto, 	signed 	by
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an 	authorized 	agent 	of 	the 	University. 	Such 	posting 	shall 	be
maintained 	for 	a 	period 	of 	thirty 	(30) 	consecutive 	workdays.
Reasonable 	steps 	shall 	be 	taken 	to 	insure 	that 	this 	Notice 	is
not 	reduced 	in 	size, 	defaced, 	altered 	or 	covered 	by any
material.
3. 	Written 	notification 	of 	the 	actions 	taken 	to 	comply
with 	this 	Order 	shall 	be 	made 	to 	the 	San 	Francisco 	regional
director 	of 	the 	Public 	Employment 	Relations 	Board 	in 	accordance
with 	her 	instructions.
4. 	Should 	the parties 	be 	unable 	to 	agree 	as 	to 	the 	exact
amount 	of 	dues 	lost 	as 	a 	result 	of 	the 	University's 	unlawful
termination 	of 	authorized payroll 	dues 	deductions, 	the matter
shall 	be 	submitted 	to 	the 	San 	Francisco 	regional 	director 	for
determination 	of 	the 	amount 	owed 	pursuant 	to 	this 	Order.
Chairperson 	Hesse 	and 	Member 	Craib 	joined 	in 	this 	Decision.
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APPENDIX NOTICE 	TO 	EMPLOYEES
POSTED 	BY 	ORDER 	OF 	THE
PUBLIC 	EMPLOYMENT 	RELATIONS 	BOARD
An 	Agency 	of 	the 	State 	of 	California
After 	a hearing 	in 	Unfair 	Practice 	Case 	No. 	SF-CE-1-H
Physicians 	National 	Housestaff Association 	v. 	Regents 	of 	the
University 	of 	California, 	in which 	all 	parties 	had 	the 	right 	to
participate, 	it 	has 	been 	found 	by 	the 	Public 	Employment 	Relations
Board, 	and 	affirmed 	by 	the 	Supreme 	Court 	of 	California 	in 	Case
No. 	S.F. 	24803, 	in which 	the Court 	permitted 	the 	substitution 	of
the 	California 	Association 	of 	Interns 	and 	Residents 	as 	the 	real
party 	in 	interest, 	that The Regents 	of 	the 	University of
California 	have 	violated 	section 	3571(a) 	and 	(b) 	of 	the Higher
Education 	Employer-Employee 	Relations 	Act 	by 	ceasing 	to 	make
payroll 	dues 	deductions 	for 	housestaff.
As 	a 	result 	of 	this 	conduct, 	we 	have 	been ordered 	to post
this 	Notice, 	and we will 	abide 	by 	the 	following:
A. 	CEASE 	AND 	DESIST 	FROM:
Refusing 	to 	make 	payroll 	dues 	deductions 	for 	the 	housestaff
in 	the 	University's 	post-graduate medical 	training 	programs 	at
the medical 	schools 	at 	Irvine, 	San Francisco, 	and Davis 	on 	behalf
of 	the 	Irvine Housestaff Association 	(IHA), 	the 	San 	Francisco
Interns 	and Residents Association 	(SFIRA), 	and the 	Davis
Association 	of 	Interns 	and Residents 	(DAIR) 	in 	violation 	of
section 	3571(a) 	and 	(b) 	of 	the 	Higher 	Education 	Employer-Employee
Relations 	Act.
B. 	TAKE 	THE 	FOLLOWING 	AFFIRMATIVE 	ACTIONS 	DESIGNED 	TO
EFFECTUATE 	THE 	POLICIES 	OF 	THE 	ACT:
The 	University 	shall 	reimburse 	the 	IHA, 	SFIRA, 	and 	DAIR 	for
the 	dues 	they 	actually 	lost 	when 	the 	University 	terminated
authorized 	payroll 	dues 	deductions 	for 	their 	members 	for 	a
one-month 	period 	beginning August 	1, 	1979. 	Specifically, 	the
University 	shall 	be 	liable 	for 	the 	dues 	of 	those members who
remained 	employees 	of 	the 	University 	for 	that 	one-month 	period
and 	whose 	dues 	the 	Associations 	did 	not 	collect 	through 	other
means.
Dated: 	THE 	REGENTS 	OF 	THE
UNIVERSITY 	OF 	CALIFORNIA
By_ Authorized 	Representative
THIS 	IS AN 	OFFICIAL 	NOTICE. 	IT MUST REMAIN 	POSTED 	FOR AT 	LEAST
THIRTY 	(30) 	CONSECUTIVE WORKDAYS 	FROM THE 	DATE OF 	POSTING AND
MUST NOT BE REDUCED 	IN SIZE, 	DEFACED, 	ALTERED OR COVERED BY ANY
MATERIAL.
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